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This page was last updated 23 August 2010. 3 Campaign Planning and Protest ActionCampaigns may take a variety of forms, from letter and submission writing to lobbying, protests and blockades. Indeed, many campaigns may incorporate all of these elements, deliberately combining policy, education, litigation and communications strategies. Alternatively, frustration with the process may lead to a protest escalating in unplanned ways, which may be counterproductive and/or lead you into the mire of the criminal law. The focus here is on planning non-violent actions - that is, protests and blockades - and is meant to inform community groups and campaigners on the ground. It seeks to provide an overview of issues and approaches as a backdrop for better understanding, and negotiating through, the legal issues that may arise in the context of such action. The more organised your action is, the better chance you have of avoiding unnecessary legal hassles. You may wish to consider devising plans, protocols, check lists and information kits before you take protest action. It is important to identify relevant issues and problems for two main reasons. First, so that everyone involved is aware of the possible consequences of their actions. Second, so that problems can be minimised or avoided. There are three main aspects to a successful action. These are all interrelated and include:
The first two are generally preparatory; the third ongoing. 3.1 Defining the actionClearly defining and communicating your action may be crucial to both the success of your action and any legal consequences. The objectives of the action need to be defined based on considerations such as values, resources and risks. 3.1.1 ObjectivesYou should first decide what your objectives are. This may require some brainstorming sessions and the consideration of options. In assessing the different options, you may wish to consider the following:
You should debate these issues thoroughly in an appropriate forum (such as a management committee meeting or within the project team), so that all perspectives and issues are covered and so that people have a chance to have their say. At the end of the discussion, you should consider formalising the decisions. 3.1.2 ValuesThe values that underpin protest action will fundamentally frame other aspects, such as the objectives and the risks. You should discuss these issues openly, so that nothing is assumed. Groups such as Greenpeace and the Wilderness Society are committed to non-violent action 1 and require their volunteers to uphold this commitment. 2 This process is easily overlooked by community groups with less experience in campaigning and advocacy. Campaigners who use violence can undermine the legitimacy of non-violent actions, and potentially affect the criminal and civil liability of others (if a common purpose can be shown - for example, exposing other protestors to charges of riot or violent disorder). Non-violent action may still carry significant risks of arrest and civil actions. As this Guide demonstrates, police and other authorised officers have a wide range of powers to deal with campaigners. Even if you behave in a non-violent and passive manner at all times, the law may impose positive duties on you - for example, to leave an area or to provide your name and address. A failure to comply may be an offence that, in turn, may lead to the escalation of the situation and your arrest. Some people may be prepared to be arrested and convicted; others not. If you are prepared to be arrested, or are aware of people that are, your intentions and the possible consequences of your actions should be thought through and openly discussed. 3.1.3 ResourcesThe objectives of the action will determine the resources necessary, although the two should be considered together. A long-running action may require, amongst other things:
3.1.4 Identifying the risksConsider the risks that are involved as well as the risks that you and the members of your group are prepared to take (such as arrest, safety issues, adverse media, civil lawsuits, etc). This will help you to develop a set of rules around the action, identify training needs and develop contingency plans. 3.2 Planning the Action3.2.1 Preparing for the actionUnless you are the co-ordinator or leader of the action, your role is likely to be quite discrete. To fulfil this role, you will generally need to know:
These aspects can be achieved through a combination of establishing clear lines of communication and training. a) Establishing lines of authority Everyone directly involved in an action should have clearly defined roles and areas of authority. In particular, everyone should know who is responsible for overall co-ordination, as well as the liaison contacts for media, police and legal support. You should make sure you are clear about your role in the action, how it fits with others and its limits. b) Training Everyone directly involved in the action should know what the aim is, what will (or could) happen and by whom, as well as how the action is planned to end. Campaigners should also be "equipped", so as to minimise the possible negative consequences of the action. In particular, you should know:
Organisations like Greenpeace and The Wilderness Society routinely conduct non-violent direct action training prior to protest action. The Environmental Defender's Office can also provide information on your legal rights and responsibilities. Others, such as front room staff and volunteers, may need different training. For example, they may need to know who to contact for information, how to respond to calls about the action and handle them sensitively and how to appropriately record feedback for the co-ordinators. 3.2.2 Adopting a communications strategya) Internal It is important to establish internal lines of communication to ensure that all participants are kept informed, both of the objectives of the action and any ongoing developments. The complexity and length of the action will determine what level of organisation is needed to ensure proper internal communication channels. For long-running or complex actions, a 'command centre' may be needed. This may be on-site and/or at head office and run by a co-ordinator (or teams). For smaller actions, a contact point at the base and in an office may be all that is required to ensure that information flows are maintained. It is vitally important that you and others are aware of the need for secure internal communications and the dangers of, for example, leaked or forwarded emails. In some situations, it may be wise to consider a "hard copy" only policy with documents. b) External In many actions, a key objective will often be to draw attention to an issue and influence public opinion. Effective media may thus be a crucial element of a successful action. However, if done badly, it may lead to your action being thwarted, confused messages and even actions for defamation being threatened or launched. You should designate a media spokesperson and train them accordingly. If you are going to talk to the media, you should know (and practice) the key messages, and be aware of the laws of defamation (see Chapter 4). Role-plays may be a useful device for gaining skills and insights into the dimensions of the topic, particularly if outsiders unfamiliar with the issues conduct 'interviews'. 3.3 Monitoring and EvaluationMany aspects of monitoring and evaluation will happen informally; with people communicating naturally as an action develops. This section is about formalising some of these aspects. First, there is a need to continually review your action, as well as to have mechanisms in place to do so. What was planned may not happen, and contingency plans may have to be used. Second , it is always a good idea to "log" or document the course of the action to protect those involved and provide a verifiable version of events. Third, at the end of the action you should regroup and assess how it all went. This can build on the knowledge base of your organisation or group and help you to avoid pitfalls in future actions.
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